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Category Archives: Search and Seizures

More on Police Entering and Searching Your Home without a Warrant Police officers cannot enter your home willy-nilly. They have to get a judge’s okay that there is “probable cause” to come inside your place, documented in a “search warrant” signed by that judge which they show you when they come inside. We’ve discussed various…

The Fourth Amendment protects you in the privacy of your home. In the United States, police cannot enter your home whenever they choose to do so (unlike some other countries). Here, your privacy is constitutionally protected and private citizens can reside safely in their homes without concern for the government busting through the front door….

Things change. And in criminal law, sometimes things change because the Supreme Court of the United States changes them. Last month, we got a heads up that SCOTUS may be changing the law that controls when a police officer can search someone’s car. That’s because the High Court started its new term right off the…

Heroin isn’t the big deal in the opioid crisis anymore. You might even say that heroin is Old School. Now, it’s what is being combined with heroin that’s being sold all over the country. Namely, fentanyl and the fentanyl analogues like carfentanil. And times are changing for everyone involved. The Popularity of Fentanyl Fentanyl is…

First you have to watch the video of what happened in a Utah emergency room on July 26, 2017. The video shows what happens after Salt Lake City Detective Jeff Payne demands a blood sample from patient William Gray. Blood Sample Not From Suspect Seems Mr. Gray was being given medical treatment at the hospital…

Anyone in Texas that has a cellphone needs to know about a case that is before the Supreme Court of the United States (SCOTUS) right now. The case is filed as Case No. 16-402 and styled Carpenter v. United States. You can follow it here on the SCOTUS online docket. Why This SCOTUS Case is…

In Texas, one of the main weapons that a criminal defense lawyer can use to help his client is a “motion to suppress” that requests the judge order certain evidence be excluded from the case. It can be filed in both state and federal court. It’s a very powerful tool for the defense. Why? Because…

This week, President Trump publicly blamed former President Obama for allowing known Central American gang MS-13 to gain a foothold in the United States. See, “Trump blames Obama for formation of MS-13 crime gang,” published by the Business Insider on April 17, 2017. Two months ago, the President signed a series of three executive orders…

Last week, the Office of the Inspector General in the Department of Justice published its report on federal civil forfeiture, entitled “Review of the Department’s Oversight of Cash Seizure and Forfeiture Activities.” The full report is available online and has been stored in the Michael Lowe Digital Library for your convenience. Read it here. …

Of paramount concern to criminal defense attorneys is protecting due process and making sure that any investigation and prosecution by the government abides by constitutional protections like limited police powers, the right to privacy, and search and seizure protocols. Criminal Defense and Privacy Protections This is true for the underlying investigation into criminal activity. It…